Case law

PARNELL v. JACKSON TOWNSHIP

District Court, D. New Jersey · May 30, 2024

“Qualified immunity protects government officials from being held liable for damages when their conduct does not violate a citizen’s clearly established rights. … The Court also finds that there is a clearly established right that could preclude the defense of qualified immunity if the facts are determined in Plaintiff's favor.

Hennefeld v. Township of Montclair

22 N.J. Tax 166 · New Jersey Tax Court · Mar 15, 2005

This issue is clearly premature as no rights accrue under N.J.S.A 54:4-3.30(b) until the death of the qualified disabled veteran. Since Mr. Hennefeld is still alive, and Mr. … as a joint tenant is entitled to a 100% disabled veteran’s exemption, when clearly under the Veterans and Widows Act, a qualified veteran who also holds title as a joint tenant is only entitled to a proportionate share of

In Re Shain

92 N.J. 524 · Supreme Court of New Jersey · Mar 16, 1983

Here, the Committee, in properly exercising its legislative purpose, clearly did not usurp the Mayor’s executive power. … The Mayor moved to vacate and quash the subpoena alleging that he was immune therefrom under the doctrine of separation of powers.

Velantzas v. Colgate-Palmolive Co.

109 N.J. 189 · Supreme Court of New Jersey · Jan 27, 1988

They perceived plaintiffs complaint as stating only that she was terminated for asking to see her records; such a discharge, they reasoned, offended no clearly mandated public policy. … Plaintiff alleges that she was passed over for promotion in favor of less-qualified male candidates and that she was fired because she sought to examine her personnel records to establish a gender discrimination claim.

THE ESTATE OF FREDDY BAEZ JR. v.CAMDEN COUNTY

District Court, D. New Jersey · Aug 9, 2019

right at issue was “clearly established” at the time of a defendant’s alleged misconduct. … For the reasons that follow, Officers Painchaud and Kerper are entitled to qualified immunity because no reasonable jury could find that they violated a clearly established Constitutional right.

State v. JF

262 N.J. Super. 539 · New Jersey Superior Court Appellate Division · Feb 19, 1993

Accordingly, the issue raised by defendant concerning the parole disqualifier is clearly without merit. R. 2:11-3(e)(2). … Such an order would clearly be one banishing defendant from the State; and its validity would be a question of first impression in New Jersey.

State v. R.B.

183 N.J. 308 · Supreme Court of New Jersey · May 23, 2005

It may not be considered by you as establishing that the child was a victim of sexual abuse or that the defendant committed an act of sexual abuse on the child. … We again reinforce the overarching principle that CSAAS expert testimony cannot be *329 allowed as substantive proof to establish guilt or innocence. State v. J.Q., supra, 130 N.J. at 579 , 617 A.2d 1196 .

State v. Williams

182 N.J. Super. 427 · New Jersey Superior Court Appellate Division · Jan 5, 1982

The trial judge found that the privilege was properly asserted and the State thereupon petitioned and obtained an order granting Madison immunity. … The alleged statements clearly bore on a fundamental part of the State's case against petitioner.

Kalick v. United States

35 F. Supp. 3d 639 · District Court, D. New Jersey · Jul 30, 2014

Rowan further argues that it is an arm of the state and therefore is entitled to sovereign immunity. … The student failed an examination that was required to qualify for the final two years of the program.

Mutual Benefit Life Insurance v. Hillyard

37 N.J.L. 444 · Supreme Court of New Jersey · Jun 15, 1874

Any attempt to do it would be an act clearly inconsistent with the state of Avar, but the debtor is-not discharged for that reason. … This should have no immunity from the fate of every other contract, when, by an unexpected event, it becomes unlawful literally to carry it out.

Barney's Furniture Warehouse of Newark, Inc. v. City of Newark

62 N.J. 456 · Supreme Court of New Jersey · Apr 9, 1973

has established” it must be changed to accommodate such demands at peril of liability. … A. 59:2-3; Report of the Attorney General’s Task Force on Sovereign Immunity (1972), pp. 212-13.

James v. Bd. of Trustees of PERS

164 N.J. 396 · Supreme Court of New Jersey · Jun 20, 2000

The same provisions were added to the statutes establishing the Teachers’ Pension and Annuity Fund (TPAF) and the Police and Firemen’s Retirement System (PFRS) at about the same time. … Hanover Township, 58 N.J. 410 , 278 A.2d 200 (1971) (discussing whether abrogation of spousal immunity, applied to successful litigant in Immer v.

State v. DiCarlo

67 N.J. 321 · Supreme Court of New Jersey · May 13, 1975

After being qualified as an expert witness, the chemist testified that the blood tests for alcohol and barbiturates were negative. … adequate to establish beyond a reasonable doubt that the drug can be considered a “narcotic” under the plain or generic meaning of that term.

ELMER BRANCH, ETC. VS. CREAM-O-LAND DAIRY (L-4744-16, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 19, 2019

After the parties exchanged some written discovery, on August 4, 2017, defendant moved for summary judgment on the grounds that it was immunized from liability under the good-faith defense. … Because the good-faith defense provides a total bar on liability for violations of the WHL, it clearly operates as an exemption to the WHL's requirements.

Lakeland Parks, Inc. v. Washington Township

147 N.J. Super. 528 · New Jersey Superior Court Appellate Division · Jan 25, 1977

The township’s finding as to this criterion is clearly arbitrary and capricious. … Yet, the trial judge, without evidential support, offered the opinion that “it has not been conclusively established as an existing street.”

Bogda v. Chevrolet-Bloomfield Div., GM Corp.

8 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Jun 1, 1950

To clearly understand the issue, it is necessary to elaborate somewhat on the facts. … In construing a statute, it is clearly established that the sense of a law is gathered from its object, the nature of the subject matter and the whole of the context in the acts pari materia; that the parts of a statute are

Aldine Stoll v. Cumberland County

New Jersey Superior Court Appellate Division · May 21, 2024

In this regard, we have reviewed the record against our de novo standard of review, and conclude the order should be affirmed because Officer Velez is entitled to qualified good faith immunity under N.J.S.A. 59:3-3. … A-3457-22 18 employees qualified immunity for certain tort claims, declaring that "a public employee is not liable if he acts in good faith in the execution or enforcement of any

KEARNY GENERATING SYS., PUB. SERV. DIV. v. Roper

184 N.J. Super. 253 · New Jersey Superior Court Appellate Division · Mar 16, 1982

It is undisputed that plaintiff has established steps (i), (ii) and (iii). The controversy revolves around step (iv) in determining whether plaintiff established a prima facie case. … For instance, if an employer is presented with a choice between two qualified applicants, selection of the least qualified because of a greater experience or personal attributes which enhance the applicant's value to the

Village Supermarket v. Mayfair

269 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Aug 24, 1993

Applying the Noerr doctrine is clearly appropriate. … The holding in Columbia Pictures deals with the "sham" exception to Noerr-Pennington immunity.

Bender v. Smith Barney, Harris Upham & Co.

901 F. Supp. 863 · District Court, D. New Jersey · Oct 27, 1994

The governing law alleged to have been ignored by the arbitrators must be well defined, explicit, and clearly applicable. … The information *868 provided to the court establishes that, at all relevant times, Mr. Boyd was qualified to adjudicate plaintiff’s claims. The affidavit of John J.